12/25/2023 0 Comments Richmond sanitary sewer tap formsIn his sole enumeration of error, Teague asserts that the trial court erred when it dissolved the interlocutory injunction on the basis of its finding that the city had impliedly accepted the dedication of the sewer system.ġ. The trial court went on to find that the City, by its actions, had impliedly accepted the offer of dedication of the sewer system. After opining that both the developers and the City had engaged in "shoddy and lax practices," the trial court found that Teague and his co-developers had made an express offer of dedication of the subdivision's streets and sewer system and that the City had accepted formal dedication of the streets, but had declined expressly to accept the dedication of the sewer system which the City believed to be substandard. Thereafter, the trial court held a hearing which culminated in the dissolution of the injunction after the trial court ruled that the City, and not Teague, owned the sanitary sewer line which serves Governor's Walk. Three days after Teague filed his complaint, the trial court granted an interlocutory injunction against the city. Teague asserted that the City's grant of permission to the adjoining developer to tap into the existing *238 sewer system purportedly owned by Teague constituted an unconstitutional taking of property. In a verified complaint for injunctive relief, Teague sought to restrain the city and its agents from building the sewer line across his lot and tapping into the existing sewer line, alleging that he, not the City, owned the sanitary sewer system which serves Governor's Walk. In 1995, the City filed condemnation proceedings to secure a sanitary sewer easement across a lot in Governor's Walk owned by Teague in order that the developer of an adjoining subdivision might construct a sewer line connecting the new subdivision's sewer system with the existing sanitary sewer system serving Governor's Walk which, in turn, is connected to the City's sewer system. Teague also owns at least one of the lots in the subdivision. Hasty, Jr., P.C., Canton, for City of Canton.Īppellant Charles Teague and others were the developers of a subdivision called "Governor's Walk" in the City of Canton ("City"). Hasty, Jr., Patricia Bennett Ball, William G. Walker, Marietta, for Charles Teague.Įugene Benson Chambers, Jr., Canton, William G.
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